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(영문) 전주지방법원 2016.12.23 2016고단1936

강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the one-year relationship between the victim C (one-way name, one-month relationship and one-month relationship with the victim C.

On September 21, 2016, at the E Park parking lot located in 01:00 Simsan-si, the Defendant saw the victim's sexual organ into the victim's her son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. The basic area (one month to two years of imprisonment) of the first category of the crime of indecent act by force (subject to the age of 13) on the general standards of the sentencing criteria;

2. Circumstances favorable to the decision-making of sentence include: (a) the fact that the Defendant recognized the instant crime; (b) the degree of indecent act and the degree of exercise of tangible power is relatively excessive; and (c) the Defendant has no record of having received criminal punishment due to the same kind of crime.

There are no particular efforts for the defendant to recover damage due to unfavorable circumstances.

The above circumstances and records of this case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.